JUDGMENT :

The judgment and decree of the trial court were set aside by the first appellate court on the sole reason that there is non-compliance of the requirement under Order XXXII CPC to institute a suit through a next friend. The suit was instituted by the next friend of a deaf and dumb lady after obtaining sanction under Order XXXII CPC in I.A. No.872/2012. The order of sanction was not challenged by the defendant, but proceeded with the suit and participated in the trial till the passing of judgment and decree by the trial court. The sanction granted under Order XXXII CPC to institute a suit through a next friend was also taken up by framing three issues by the trial court and answered positively, but the suit was dismissed by adjudicating the disputes involved. In the Appellate Court, the sanction granted under Order XXXII CPC to institute a suit through next friend alone was taken up and found that there is non-compliance of the requirement under Order XXXII Rule 15 CPC and set aside the judgment and decree by allowing the appeal and remanded the matter back to the trial court to decide the suit afresh. It is against the said judgment and decree of the first appellate court